Online pirates on the Telstra and Optus networks can breathe easy for now, while those downloading illegal copies of movies over iiNet and smaller providers may soon receive an invoice for up to $5000 if an unusual legal case in the Federal Court is successful.

The copyright owner of the Oscar-winning Dallas Buyers Club has brought its fierce legal battle against online pirates to Australia in the way of a legal "preliminary discovery", hoping the court will force internet providers to cough up the names and details associated with IP addresses it says infringed its copyright.

Dallas Buyers Club LLC – the film rights holder – is seeking user details from iiNet, its subsidiaries Adam Internet and Internode, as well as Dodo and Amnet Broadband, but not Telstra or Optus. If granted, the action – seldom used in copyright cases – could be the first step in further lawsuits.

An Optus spokeswoman said the telco was not part of the proceedings. It is understood to have received a letter from the same lawyers demanding details of subscribers, but declined to reveal them without a court order and received no further correspondence.

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A Telstra spokeswoman said it was not contacted by Dallas Buyers Club and had no opinion on why it had been excluded from the sweep.

But Anny Slater, of Slaters Intellectual Property Lawyers, said the plaintiff would have picked iiNet ahead of Telstra as the "best chance" of success, possibly after studying the 2012 landmark case brought against the Perth-based telco by the Australian Federation Against Copyright Theft. iiNet won that case, but among the documents exposed during the process were case notes that pointed to higher legal hurdles at Telstra and its omission from that legal action.

It is also understood all the ISPs included in the action are represented by the same law firm, Thomson Greer, providing the plaintiff with a simpler and more cost-effective legal avenue.

Dallas Buyers Club LLC, represented by Sydney-based Marque Lawyers, is seen as a prolific plaintiff which has started multiple legal actions against end users in the US. One US legal firm refers to such lawsuits as copyright trolling.

After obtaining the identities of customers via subpoena, it sends them a letter or bill for damages way above the market price for a legal download, in a speculative manoeuvre designed to drive revenue, according to iiNet and lawyers spoken to by Fairfax Media.

"It's their modus operandi. They send them the letters threatening to join them [to the lawsuit] if they don't pay. The bulk of those users have elected to pay rather than go to court. Even if only a small percentage agree to pay, at $3000 or $5000 it's quite profitable," Cate Nagy, partner with intellectual property law firm King & Wood Mallesons, said.

The firm's partner, Nathan Mattock, declined to comment when contacted by Fairfax Media. In an article published online comparing the Canadian and Australian legal regimes Mr Mattock said "we have a sneaking suspicion that ISPs in Australia may put up more of a fight. But given the trend in the US, the UK and Canada, it's likely to be futile."

Ms Slater said the action could also be a manoeuvre designed to validate an insurance claim.

"It'd look like they'd need to take some action [against infringers] in order to claim damages somewhere else. It's one possibility since the cost of chasing people would be quite expensive compared with the [download] loss," Ms Slater said.

The action comes as the federal government attempts to step up its fight against copyright theft by proposing to make internet service providers more accountable for their customers' illegal downloading.

Ms Nagy said the preliminary discovery action may have some grounds to succeed with a "strong likelihood" the next step would be for the movie's representatives to commence proceedings or send users a bill.

"They won't send them an invoice per se. It will look like an invoice but it will be a letter demanding payment of damages."

She said people who received such a letter should seek legal advice.

Ms Slater said there were doubts such a bill would be enforceable in Australia.